Smart Balance False Ad Claims Are Preempted: Judge

Law360, New York (March 16, 2011, 1:51 PM EDT) -- A federal judge declined Monday to certify a consumer class in a lawsuit accusing Smart Balance Inc. of misleadingly labeling its margarine in violation of California law, ruling that the proposed class' claims are preempted by federal law.

Judge Margaret M. Morrow of the U.S. District Court for the Central District of California denied plaintiff Rebecca Yumul's motion for class certification and dismissed the complaint, but gave Yumul ten days to submit a new complaint pleading nonpreempted claims.

Yumul launched her suit in February 2010, alleging...
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